While the reply does not seem to be satisfactory relative to the
principles enunciated in the Department’s note, yet insofar as the case
of this company is concerned, the French Government states that bids
will be invited from nationals of all the Powers except Germany.
The French Minister for Foreign Affairs
(Poincaré) to the American
Ambassador (Herrick)
Mr. Ambassador: By your letter no. 367
dated the 3d of this month, Your Excellency was good enough to write
to my predecessor concerning the Dahir dated June 2, 1921, by which
the Sultan of Morocco granted to the “Société Internationale pour le
Développement de Tanger” the concession of the harbor works in that
city.
The Government of the United States seems to consider this grant as
contrary to the provisions of the Act of Algeciras, which it firmly
desires to uphold, since it assures to American nationals an equal
right to participate with the nationals of all signatory powers to
that act in all public enterprises in the Shereefian Empire. The
Federal Government considers the creation of a port at Tangier as a
matter of general interest to the activities of all maritime powers
and it expects that American capital and American interests will be
represented in any plan proposed for the building of the future
port.
Finally, while the American Government does not intend to intervene
in discussions of a purely political character regarding the future
régime of the Tangier zone, it asks to be kept informed of all
negotiations directly or indirectly bearing on the construction ‘
and administration of the projected port.
[Page 722]
I have the honor to inform Your Excellency that the concession of the
port of Tangier was granted by His Shereefian Majesty to the
“Société Internationale pour le Développement de Tanger” pursuant to
the provisions of treaties in force which permit the Moroccan
Government freely to grant large public enterprises on condition
that the grantee should put the construction and supplies up for
public bids.
It is true that the concession grant of June 2, 1921, provided that
the construction work of the port should not be opened to public
bids. In effect, this arose from an arrangement concluded in 1914, a
few days prior to the war, between the powers most directly
interested in the matter and whose nationals had provided the
capital of the “Société Internationale pour le Développement de
Tanger”, that there should be no public bids for the work. I have
the pleasure to inform Your Excellency, however, that steps have
been taken to revoke the provision of the grant of concession of
June 2 and that the construction work will be put up for public
bidding by the concessionaire. The nationals of all powers (with the
exception of Germans) will therefore be able to present themselves
at the public bidding and compete on a footing of perfect
equality.
I feel confident that this decision will afford pleasure and
satisfaction to the American Government. Mr. White, United States
delegate to the Allied Supreme Council, which met at the Ministry
for Foreign Affairs on February 25, 1919, declared, in effect, in
the name of his Government that in signing the Act of Algeciras, the
Government of the United States declared that its sole desire was to
assure free access to the country (Morocco) of the commerce of all
nations, to facilitate its development and to increase its
civilization by maintaining friendly relations with Morocco. These
remain to-day the only questions in which the United States
interests itself in the Moroccan problem: “the open door and cordial
relations with Morocco.”
The foregoing explanations provide Your Excellency with the
assurances that the régime of the open door remains in force in
Morocco. I have heard from Marshal Lyautey of the cordial relations
which exist in the Shereefian Empire between American citizens and
the local authorities and I am happy to see that Mr. White’s wishes
and desires are fully realized in Morocco.
Please accept [etc.]
R. Poincaré
Paris, January 18,
1922.
